Terms and Conditions
We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact by either phone, Skype, or Slack.
If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.
2.1 Text Content
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.
2.2 Graphics and Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.
3.1 Browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
3.2 Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
iOS: Safari and Google Chrome
Android: Google Chrome
We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.
3.3 Compliance with eCommerce, accessibility or other regulations
You are required to ensure that the website and its content comply with current online trading laws and regulations, in the countries applicable to your business/market.
3.4 Compliance with laws and regulations
We are not responsible for any failure to comply with laws and regulations related to accessibility, selling online or those specific to business or trade. We suggest you take legal advice.
4. Malicious Attacks
Although we take website security very seriously, from time to time a website may be victim to a malicious attack. These are out of our hands and if we are required to fix issues created by malicious attacks after completion, additional costs may incur.
5. Technical support
You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we will recommend one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and will provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
6. Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines. We build our websites so that they are well positioned to rank in search engines. If you need dedicated SEO solutions or Adwords plans, we will provide a separate estimate for that.
7. Changes, revision, cancellation
7.1 Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of hours/weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve. Prior to commencing, we talk with you to understand your needs and we try to meet them in the best possible way. We are happy to revise concepts for you, but please be aware that these revisions are limited. Unless otherwise stated, it’s a max of 3 revisions of your preferred design. If out of scope work is required, it will have to be charged separately.
If something happens and you need to terminate the contract it’s ok, but any initial deposits are non-refundable. You will be invoiced for the work completed until the contract is terminated.
We also reserve the right to terminate a contract when:
The initial scope of work has been increased by more than 10% and the client refuses extra charges.
The client is slow to respond. We deem slow to respond as more than 30 days waiting for content, a brief, a revision, payment, final sign off or general delays resulting in a halt in our production.
We deem the work unethical or against our normal operating processes and procedures.
Both yourself or Creative Generals can terminate the agreement if needed. We believe that a 30-day written notice to the other party is a fair way to manage this matter. If you do not pay us or obstruct our work in any way, we will be allowed to terminate the agreement anytime.
If you choose to terminate the project before its completion, we are unable to refund payments previously made. You will also have to cover the costs for any unpaid work. Once we have fixed payments, you will be provided with the work done so far. If delivery requires additional costs, you will have to cover them. Creative Generals has the right to terminate the agreement at any time if you become insolvent.
What you see in the quote is what you will get. If you need to add anything, we are always happy to review the scope of work for you. Please note that once you have agreed to the quote we will need to stick to it as much as possible. We are flexible to enable changes from the initial scope, but please keep in mind this will more than likely affect the time required for production.
9. Project Delivery
The project schedule and timeline we provide is an estimate, but we are very passionate about not exceeding these. Our work involves different parties, it’s a teamwork, and sometimes it can be delayed. We request that you keep our pace, slow decision making or feedback can really delay our production and ultimately the completion of the project.
10. Exclusion of Liability
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
11. Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
We work super hard on our clients’ projects so we think it’s fair to assume that if your invoices aren’t paid, then you don’t own the artwork, website or intellectual copyright. Once all invoices are paid, you are the owner of all work we have provided to you.
Quotations and costs are confidential, we request that don’t share these with any other entities, unless we give you permission to. We are happy to provide editable file formats if needed (ai, eps, psd or indd), if necessary, but please give us a head up before the project commences as this may attract an additional fee.
12. Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
13. Payment schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly.
We issue invoices electronically. Our payment terms are 14 days from the date of invoice. All proposals are quoted in AUD and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of [percentage] per month or part of a month.
14. Promotional Marketing
Nesa National Conference 2019 Promotion
- The promoter is: Creative Generals Ltd Pty (ABN: 12 627 087 272)] whose registered office is at Level 1/616 Balcombe Rd, Black Rock, VIC 3193
- The promotion is open to the attendees of the Nesa National Conference 2019
- By accepting this promotion, an entrant is indicating his/her agreement to be bound by these terms and conditions
- End date for this promotion will be 30th November 2019
- The promoter’s decision in respect of all matters to do with the promotion will be final and no correspondence will be entered into.
- Creative Generals Ltd Pty shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage
- Creative Generals Ltd Pty also reserves the right to cancel the promotion if circumstances arise outside of its control.